Foreign Corrupt Practices Act (FCPA)/Bribery Act Integrity Due-Diligence & Investigations

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1 Foreign Corrupt Practices Act (FCPA)/Bribery Act Integrity Due-Diligence & Investigations Clarity in a complex world

2 How We Work: Because the reputations of companies and individuals may depend on the facts we gather, we recognize the importance of accuracy and attention to detail, and our responsibility to maintain the highest professional and ethical standards. We listen very carefully to our clients and stick to the priorities assigned. We pay strict attention to applicable laws and scrupulously avoid investigative steps that, even if technically legal, might undermine our clients interests. We believe that thorough investigations can and should be conducted in ways that do not invade anyone s privacy. Clarity in a complex world

3 INVEST GLOBALLY INVESTIGATE LOCALLY FCPA/Bribery Act Integrity Due-Diligence & Investigations The Mintz Group is an international investigative services firm that specializes in Foreign Corrupt Practices Act (FCPA) and integrity duediligence on potential joint venture partners, acquisition targets, agents, vendors, distributors and other third parties. In addition, we often assist corporate counsel and outside counsel with investigations related to potential or alleged FCPA violations. We gather information in dozens of countries on a daily basis for corporations, law firms, governments, financial institutions and international organizations. We routinely meet the needs of our clients in following leads across borders and uncovering hidden business facts all over the world. For example, the Mintz Group assisted a special commission set up by the President of Liberia in its investigation of allegations of corruption involving senior government officials. The Mintz Group is also a preferred vendor to provide investigative services to leading international organizations, supporting the mission of uncovering fraud and corruption in their projects and operations around the world. Our staff includes experienced anti-corruption investigators with backgrounds in the World Bank s fraud and corruption investigations unit, the Volcker Committee investigation of the United Nations Oil-for-Food Program in Iraq, Europol and in a number of multilateral and bilateral development agencies working in Europe, Asia and Africa. We also have former investigative journalists, intelligence officers, researchers and other professionals who have investigated issues in every corner of the world, from bribery and terrorist financing to military and national security matters.

4 What Sets Us Apart Specific Expertise in Corruption Our staff has investigated many complex, transnational corruption and bribery matters, particularly in the developing world. We know what to look for in cases involving political corruption, international procurement fraud, commercial bribery, money laundering and tax evasion. Recognition of Hidden Red Flags Our reports include concise highlights of our findings, including any potential red flags such as ties to government officials, a history of or reputation for corrupt activities and connections to questionable middlemen or side companies. Depth of Country Experience and Local Language Our investigators understand the local culture and business environment from their experience in the countries in which we work. Our team speaks more than 20 languages and we are able to conduct searches in public records and media sources in these and many additional languages. Expertise in Accessing and Following Paper Trails We have 20 years of experience in understanding how to navigate repositories of public records and obscure data around the world, and have developed a unique global database to make our investigative work more efficient and effective. Based on our expertise in this area, the Mintz Group was selected to compile public-record information to assist an organization of the world s leading international banks and investment houses. Understanding of Basic Compliance Needs and Beyond Our standard level of due diligence on an individual or corporate entity examines potential legal, regulatory, ethical and reputational issues. When warranted by the level of risk or potential red flags, the Mintz Group can dig deeper through additional focused research and inquiries with our networks of incountry sources to develop further facts and provide greater insight on the subject. What We Find

5 INVEST GLOBALLY INVESTIGATE LOCALLY Africa Ahead of an East African investment deal, we uncovered information pointing to the hidden involvement of a middleman who had allegedly paid bribes to government officials to secure contracts in the past. Asia Prior to the acquisition of an Asian energy-services firm by a U.S. company, we examined the background and reputations of the Asian entity and its principals. We identified several potential red flags, including the alleged association of one principal with local organized crime groups and another principal s business relationship with a local government official. Europe For outside counsel investigating potential FCPA violations, we assisted in examining multiple individuals and entities involved as distributors in European operations for a U.S. company. Our work highlighted a history of bribery concerns involving one distributor and possible connections to undisclosed side companies involved in questionable payments. Latin America For an international investment bank, we found several instances of bribery allegations involving an energy trader in Latin America that the bank was considering as an investment partner. We developed information from sources in two countries that the trader had been or was currently under investigation by government authorities for corruption and other illicit activities. Middle East For a major U.S. defense contractor, we identified serious ethical and criminal issues involving its local agent in a Middle Eastern country, as well as red flags regarding the agent s relationship with a senior government official.

6 U. S. A. Our Approach In our due-diligence reviews, we follow a defined scope of work that can be tailored to meet our client s specific needs and the level of risk. This can range from more limited regulatory, litigation and other public-records checks to comprehensive reviews including records searches and inquiries with sources in industry, professional and government circles to identify any adverse issues or potential red flags. The components of our research and analysis include the following in the relevant countries and jurisdictions: Corporate record and business databases; News databases, including local and international media; Global risk compliance databases that cover governmentprohibited and -barred persons and entities, Politically Exposed Persons (PEPs), terrorism, corruption and moneylaundering subjects, among many others; Relevant regulatory agency information; Litigation databases and relevant court records; Bankruptcy and judgment databases; and Other financial information as available. CANADA Bermuda MEXICO THE BAHAMAS Cayman Is. DOM. REP. GUATEMALA BELIZE JAMAICA HAITI Trinidad & Tobago COSTA RICA PANAMA VENEZUELA COLOMBIA Working In Every Corner Of The World We have recently conducted investigative assignments in more than 110 countries: ECUADOR PERU CHILE ARGENTINA BRAZIL

7 R U S S I A INVEST GLOBALLY INVESTIGATE LOCALLY In addition, for jurisdictions where public-record information is limited and/or in cases of heightened potential risk, we can conduct enhanced due diligence to include: On-site searches at or contacts with government offices, ministries and court houses; Reputational and business information interviews with source contacts (diplomatic, commercial, intelligence, etc.); Source information assessments of noteworthy relationships with political, military or government officials. The overall scope can vary depending on the location of the subject(s) and the depth of information requested. We can work overtly or discreetly as guided by the client s requirements. The analyses in our reports are drawn from the diverse documentary information we obtain, and the information we develop from multiple, knowledgeable sources, as appropriate. We endeavor to get hard-copy records to document the findings in our reports and provide copies of these documents to you as attachments. For investigations of potential or alleged FCPA violations, we have an experienced team of investigators who can deploy in-country, particularly in difficult jurisdictions, to conduct interviews, gather and review documents, or conduct forensic accounting and computer forensic examinations. SWEDEN NORWAY DENMARK IRELAND U. K. NETH. POLAND GERMANY BELGIUM LUX. CZECH UKRAINE AUSTRIA SWITZ. FRANCE ITALY BULGARIA UZBEKISTAN PORTUGAL SPAIN GREECE TURKEY SOUTH KOREA MOROCCO CYPRUS LEBANON ISRAEL IRAQ AFGHANISTAN C H I N A JAPAN EGYPT KUWAIT Bahrain PAKISTAN NEPAL QATAR U. A. E. SAUDI ARABIA INDIA TAIWAN Hong Kong THAILAND VIETNAM GAMBIA GHANA BENIN NIGERIA SUDAN DJIBOUTI PHILIPPINES ETHIOPIA LIBERIA EQUATORIAL GUINEA REPUBLIC OF CONGO GABON UGANDA KENYA MALAYSIA I N D O N E S I A TANZANIA NIUE AUSTRALIA SOUTH AFRICA NEW ZEALAND

8 Clarity in a complex world Contact Patrick Kelkar pkelkar@mintzgroup.com